Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“you” or “User”) and ONHealth Alliance, Inc. (“ONRx”, “we”, “us”, or “our”), a corporation incorporated under the laws of the Province of Ontario, Canada.

By creating an account, accessing, or using the ONRx platform (the “Platform”) — including our website at onhealthalliance.com, web application at my.onrx.ca, and any associated services (collectively, the “Services”) — you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy.

If you do not agree to these Terms, you must not access or use the Services.

2. Definitions

• “Healthcare Provider” means a physician, nurse practitioner, naturopathic doctor, pharmacist, or other regulated health professional who delivers services through the Platform and is duly licensed by the applicable Ontario regulatory college.
• “Personal Health Information” (“PHI”) has the meaning given in Ontario’s Personal Health Information Protection Act, 2004 (PHIPA).
• “Platform” means the ONRx website, web application, and all related technology systems used to deliver the Services.
• “Services” means the virtual healthcare services, pharmacy services, and related offerings made available through the Platform.
• “Consultation” means a virtual appointment between a User and a Healthcare Provider conducted through the Platform via video, audio, or secure messaging.

3. Eligibility

To use the Services, you must:

• Be at least eighteen (18) years of age, or be at least sixteen (16) years of age with verifiable parental or legal guardian consent
• Be physically located in the Province of Ontario at the time of your Consultation, unless otherwise specified for a particular Service
• Possess a valid Ontario Health Insurance Plan (OHIP) card for OHIP-eligible services, or be willing to pay the applicable fee for non-OHIP services
• Have access to a device with a reliable internet connection, camera, and microphone suitable for video consultations
• Provide accurate, truthful, and complete information during registration and at all times

Parents or legal guardians who register minor children (under 18) for Services accept these Terms on behalf of the minor and assume full responsibility for the minor’s use of the Platform.

4. Description of Services

ONRx is a virtual healthcare platform that connects patients with licensed Ontario Healthcare Providers for virtual consultations. Our Services include, but are not limited to:

• General health virtual consultations
• Pediatric care
• Mental health and online therapy
• Sick notes and medical documentation
• Weight management programs
• Functional medicine (provided by licensed naturopathic doctors)
• Pharmacy and prescription management services

5. Service Limitations

The Services have the following limitations:

• Not all medical conditions can be assessed, diagnosed, or treated through virtual care
• A Healthcare Provider may determine that an in-person visit is required and will refer you accordingly
• Prescriptions are issued at the sole discretion of the Healthcare Provider and in compliance with provincial and federal regulations, including the Controlled Drugs and Substances Act
• Certain medications, including but not limited to narcotics and controlled substances, cannot be prescribed through virtual consultations
• Services are generally available to residents of Ontario; availability in other provinces may be limited
• Service availability depends on Healthcare Provider schedules and may vary
• Functional medicine and certain other services are not covered by OHIP and are provided on a fee-for-service basis

6. Account Registration and Security

To access the Services, you must create an account and provide accurate, current, and complete registration information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately at contact@onrx.ca if you suspect unauthorized access to your account
• Keeping your contact information, health card information, and other registration details current and accurate

We reserve the right to suspend or terminate accounts that contain inaccurate information or are used in violation of these Terms.

7. User Responsibilities

When using the Services, you agree to:

• Provide truthful, accurate, and complete health information to Healthcare Providers
• Use the Services only for their intended purpose of receiving virtual healthcare
• Keep scheduled appointments or cancel with reasonable notice
• Follow the treatment plans and recommendations of your Healthcare Provider
• Ensure you are in a private, quiet environment suitable for a virtual healthcare consultation
• Comply with all applicable laws and regulations
• Treat Healthcare Providers and staff with respect

8. Prohibited Activities

You may not:

• Use the Services for any unlawful purpose
• Impersonate another person or misrepresent your identity or health information
• Use another person’s account or health card
• Attempt to obtain prescriptions through false or misleading information
• Record, screenshot, or capture any Consultation without the express consent of all parties
• Harass, abuse, or threaten Healthcare Providers or staff
• Interfere with or disrupt the Platform or its infrastructure
• Use automated systems, bots, or scrapers to access the Platform
• Reverse engineer, decompile, or disassemble any part of the Platform
• Circumvent any security measures or access controls

9. Fees, Payment, and Refunds

10. Prescription Policy

Prescriptions are issued at the sole clinical discretion of the Healthcare Provider. By using the Services, you acknowledge that:

• A Consultation does not guarantee a prescription
• Healthcare Providers comply with all applicable laws, including the Controlled Drugs and Substances Act (Canada), the Drug and Pharmacies Regulation Act (Ontario), and applicable College standards
• Prescriptions may be sent electronically to a pharmacy of your choice or to a pharmacy partner on the Platform
• You are responsible for disclosing all current medications to avoid adverse drug interactions
• ONRx is not responsible for pharmacy dispensing decisions or medication availability

11. Consent to Electronic Communications

By creating an account, you consent to receive electronic communications from ONRx, including:

• Appointment confirmations, reminders, and follow-ups via email or SMS
• Service-related notices and updates
• Changes to these Terms, our Privacy Policy, or other legal notices
• Billing and payment communications

You may opt out of non-essential communications at any time through your account settings or by contacting us. You may not opt out of transactional or legally required communications.

12. Intellectual Property

All content, features, and functionality of the Platform — including but not limited to text, graphics, logos, icons, images, software, and the overall design — are the exclusive property of ONHealth Alliance, Inc. or its licensors and are protected by Canadian and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for its intended purpose, subject to these Terms. This licence does not include any right to reproduce, distribute, modify, or create derivative works from any Platform content.

13. Privacy and Health Information

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your Personal Health Information in accordance with Ontario’s Personal Health Information Protection Act, 2004 (PHIPA) and the federal Personal Information Protection and Electronic Documents Act (PIPEDA).

By using the Services, you consent to the collection, use, and disclosure of your Personal Health Information as described in our Privacy Policy and as required or permitted by law.

14. Virtual Care Acknowledgments

By using the Services, you acknowledge and agree that:

• Virtual care has inherent limitations compared to in-person care, including the inability to perform physical examinations
• Technical issues such as poor internet connectivity, audio/video quality, or device malfunctions may affect the quality of your Consultation
• There is a risk, however small, of unauthorized access to your health information transmitted electronically, despite our use of encryption and security safeguards
• You are responsible for ensuring a private environment during Consultations
• Your Consultation may be documented in your health record maintained on the Platform
• You may withdraw your consent to virtual care at any time, which may require you to seek in-person care

15. Limitation of Liability

To the maximum extent permitted by applicable law:

• No warranty. The Platform and Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Limitation. ONRx, its directors, officers, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, whether incurred directly or indirectly, arising from your use of or inability to use the Services.
• Cap. Our total aggregate liability for any claims arising from or related to these Terms or the Services shall not exceed the greater of (a) the fees you paid to ONRx in the twelve (12) months preceding the claim, or (b) one hundred Canadian dollars (CAD $100.00).
• Clinical liability. ONRx is not liable for the clinical decisions, acts, or omissions of Healthcare Providers. Healthcare Providers maintain their own professional liability insurance.

Nothing in these Terms limits liability that cannot be excluded or limited under applicable Ontario or Canadian law.

16. Indemnification

You agree to indemnify, defend, and hold harmless ONRx, its directors, officers, employees, affiliates, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your provision of inaccurate, misleading, or incomplete information
• Any claim by a third party arising from your use of the Services

17. Termination

By you: You may terminate your account at any time by contacting us at contact@onrx.ca. Termination does not relieve you of any outstanding payment obligations.

By us: We may suspend or terminate your access to the Services immediately, without prior notice, if we reasonably believe you have violated these Terms, engaged in prohibited activities, or if required by law. We may also discontinue the Services at any time with thirty (30) days’ notice.

Effect of termination: Upon termination, your right to use the Services ceases immediately. Your health records will be retained and handled in accordance with our Privacy Policy and applicable retention requirements under PHIPA.

18. Dispute Resolution

In the event of a dispute arising from or relating to these Terms or the Services:

• Informal resolution. You agree to first contact us at legal@onrx.ca to attempt to resolve the dispute informally within thirty (30) days.
• Mediation. If informal resolution fails, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator in Windsor, Ontario, before commencing litigation.
• Class action waiver. To the fullest extent permitted by law, any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the City of Windsor, Province of Ontario, for the resolution of any disputes arising from these Terms.

20. Force Majeure

ONRx shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, government actions, power failures, internet or telecommunications failures, cyberattacks, or labour disputes.

21. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the revised Terms on this page with an updated “Last updated” date and, where practicable, by notifying you via email or through the Platform. Your continued use of the Services after such changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the revised Terms, you must stop using the Services.

22. General Provisions

• Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and ONRx regarding the Services and supersede all prior agreements or understandings.
• Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
• Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.
• Language. These Terms are drafted in English. In the event of a conflict between translations, the English version shall prevail.

23. Contact Information